The purpose of this article is to discourage an increasingly
prolific and socially deplorable business activity of dealing in stolen
property by requiring, among other regulations, the purchaser of certain
regulated property to maintain a record identifying the authorized
vendor or to record and maintain a reliable form of identification
of the seller, if he is other than a manufacturer or authorized vendor.
Further, this article should provide law enforcement authorities with
more adequate tools for investigation concerning stolen property.
Items of property to be included in the regulations are limited to
those items most frequently stolen and for which there is a ready
market.
(2005 Code, sec. 5.1.01)
Authorized vendor.
A commercial supplier who deals in the wholesale distribution
of regulated property in the ordinary course of business.
Crafted precious metals.
Includes jewelry, silverware, art objects, or any other thing
or object made, in whole or in part, from gold, silver, platinum,
palladium, iridium, rhodium, osmium, ruthenium, or their alloys.
Jewelry.
Includes stones removed from a mounting.
Power tools.
Includes pneumatic equipment and welding equipment.
Purchase.
A transaction in which a person takes title to regulated
property in exchange for valuable consideration.
(2005 Code, sec. 5.1.02)
A person who purchases regulated property for the purpose of
resale shall:
(1) Keep
a sales record which indicates the manufacturer or authorized vendor
from which the regulated property was purchased and a description
of the property purchased, including make, model, serial number, color
and size; or
(2) If
the regulated property was purchased from other than a manufacturer
or authorized vendor, the person shall:
(A) At the time of purchase, record in a legible manner the time and
date of purchase, the name, sex, race, date of birth, weight, height,
address, driver’s license number or personal identification
certificate number of the seller, a description of the property purchased,
including the make, model, manufacturer, serial number, color and
size, and the price paid or other consideration exchanged for the
property purchased;
(B) At the time of purchase, determine that the photograph on the driver’s
license or personal identification certificate is a photograph of
the seller;
(C) Retain possession of the property purchased and withhold the property
from resale for ten business days;
(D) Make purchased property available for inspection by any law enforcement
officer during regular business hours while the property is in the
person’s possession; and
(E) Cause:
(i) Each lot, sack, barrel, box or other container of regulated property
purchased to be kept intact and have written or stamped in a conspicuous
place either on the container thereof or, if no container, tagged
to each one of the articles, the serial number of the report made
as set out in subsection (2)(A) of this section, which number shall
at all times be kept plain and legible;
(ii)
Each article purchased to be kept intact and have attached thereto
on the container thereof or, if no container, on the individual article,
the serial number of the report made as set out in subsection (2)(A)
of this section, which number shall at all times be kept plain and
legible.
(3) Maintain on file the information required by subsections
(1) and
(2) for two years from the date of purchase or until the item is sold, whichever occurs later.
(2005 Code, sec. 5.1.03)
A person commits an offense if he:
(2) Offers
for sale or sells regulated property purchased for resale for which
he does not have:
(A) A sales record indicating the manufacturer or authorized vendor from
which it was purchased and a description of the property purchased,
including the make, model, serial number, color and size;
(B) A record of the name, sex, race, date of birth, weight, height, address
and driver’s license number or personal identification certificate
number of the seller from whom he purchased the regulated property;
and
(C) A record of the person to whom he sells the regulated property, including the information required by section
4.04.003(2)(A) and
(B), and the price paid or other consideration exchanged for the property purchased or sold;
(3) Fails
or refuses to produce for inspection by a law enforcement officer:
(A) The record required by section
4.04.003 with respect to a particular item of regulated property, when requested to do so at a reasonable time by the law enforcement officer, and, if requested, copies of any such records must be furnished to the law enforcement officer; or
(B) The regulated property to which the record required by section
4.04.003 relates, when requested to do so at a reasonable time by the law enforcement officer; or
(4) Purchases
for resale, offers for sale, or sells regulated property which has
had the manufacturer’s identification number or any other identification
number or any other identifying mark removed, defaced, or altered.
(2005 Code, sec. 5.1.04)
A culpable mental state is not required for the commission of
an offense under this article unless the provision defining the conduct
expressly requires a culpable mental state.
(2005 Code, sec. 5.1.05)